- (1.) Seeking quashing of Notification dated 03.04.2013 issued by the Department of Environment and Forests, fixing "scrutiny fee" for granting environmental clearance by the State Level Environment Impact Assessment Authority (SEIAA) and quashing of Minutes of Meeting dated 07.05.2013 whereby SEIAA has fixed its own guidelines, the petitioners have approached this Court by filing the present Batch of writ petitions. A further prayer for directing the respondents to issue permit under Rule 31 of the Jharkhand minor mineral concession Rules, 2004 to the brick kiln owners has also been made in the writ petitions.
(2.) Since a common question of law is involved in all the writ petitions and Mr. Shankar Lal Agarwal, the learned counsel appearing for the petitioner(s) in all the writ petitions advanced common argument, with the consent of the parties, all the writ petitions are being disposed of by this common order. For the sake of convenience, the facts stated in W.P. (C) No. 5921 of 2013 are stated thus; The petitioner is manufacturing brick kiln in its unit situated in the district of East Singhbhum. For establishing a brick kiln unit, permission under Rule 31 of the Jharkhand Minor Mineral Concession Rules is required. Before 1999, brick manufacturers were permitted to install mobile chimneys however, vide notification dated 05.10.1999 the Central Government prohibited the mobile chimney and made provision for installing fixed chimneys. The petitioner was granted permission under Rule 31 of the Jharkhand Mineral Concession Rules, 2004. After the direction of the Hon'ble Supreme Court whereunder requirement of environmental clearance was made mandatory even for minor minerals, though the State Government was required to frame Rules however, without framing any Rule, the Government of Jharkhand issued Notification dated 03.04.2013 whereunder the industries are required to apply for grant of environmental clearance in a prescribed format along with "scrutiny fee".
(3.) A counter affidavit on behalf of the State Level Environment Impact Assessment Authority, Ranchi (respondent no.2) has been filed stating that vide order dated 27.12.2012 of the Ministry of Environment and Forest, the State Level Environment Impact Assessment Authority (SEIAA) and State Expert Appraisal Committee (SEAC) have been constituted. Order dated 27.12.2012 was issued in view of order dated 27.12.2012 in I.A. No. 1213 of 2011 in SLP (C) No. 1962829 of 2009 passed by the Hon'ble Supreme Court. The Department of Environment and Forests, Government of Jharkhand also issued Notification Dated 03.04.2013 to facilitate the functioning of SEIAA and SEAC. The Ministry of Environment and Forest vide letter dated 18.05.2012 directed that all Mining projects and Minor Minerals including their renewals, required prior environmental clearance. The Jharkhand Pradesh Brick Manufactures Association and Jharkhand "Iit" Nirmata Sangh had given representations for lowering of the scrutiny fee which was discussed in the joint meeting of SEAC and SEIAA on 24.09.2013. The scrutiny fee has been levied for meeting the expenses incurred in sitting fees, TA/DA expenses for the members of SEIAA and SEAC, etc. In other States like, M.P., U.P., Maharashtra also guidelines have been framed and scrutiny fee has been levied for processing the application.;